Missouri SB 612: Requires the Senate to try all impeachments and modifies what constitutes grounds for impeachment

Bill Text

SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 612
100TH GENERAL ASSEMBLY
Reported from the Committee on the Judiciary and Civil and Criminal Jurisprudence, March 12, 2020, with recommendation that
the Senate Committee Substitute do pass.
ADRIANE D. CROUSE, Secretary.
3253S.04C
AN ACT
To repeal sections 106.020, 106.030, 106.040, 106.070, 106.080, 106.090, 106.100,
106.110, 106.120, 106.130, 106.150, 106.160, 106.170, 106.180, 106.200, and
106.210, RSMo, and to enact in lieu thereof fourteen new sections relating to
the impeachment process, with a contingent effective date.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 106.020, 106.030, 106.040, 106.070, 106.080, 106.090,
2 106.100, 106.110, 106.120, 106.130, 106.150, 106.160, 106.170, 106.180, 106.200,
3 and 106.210, RSMo, are repealed and fourteen new sections enacted in lieu
4 thereof, to be known as sections 106.020, 106.030, 106.040, 106.070, 106.080,
5 106.100, 106.120, 106.130, 106.150, 106.160, 106.170, 106.180, 106.200, and
6 106.210, to read as follows:
106.020. All elective executive officials of the state, judges of the supreme
2 court, the court of appeals and circuit judges shall be liable to impeachment for
3 [crime, misconduct, habitual drunkenness,] bribery, willful neglect of duty,
4 [corruption] corrupt or criminal conduct in office, mental incompetency, or
5 any offense involving moral turpitude[, or oppression] in office.
106.030. The house of representatives shall have the sole power of
2 impeachment. All impeachments shall be tried before the [supreme court, except
3 that the governor or a member of the supreme court shall be tried by a special
4 commission as provided for in sections 106.020 to 106.210] senate, and when
5 the governor or lieutenant governor shall be tried, the chief justice of
6 the supreme court shall preside.
106.040. When the house of representatives shall be satisfied that there
EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is
intended to be omitted in the law.

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2 is good cause to impeach any officer, they shall cause articles of impeachment to
3 be made out in due form against such officer and shall transmit the same to the
4 [supreme court] senate, and immediately elect managers to prosecute such
5 impeachment[; provided, however, that in the case of impeachment of the
6 governor or a member of the supreme court, they shall transmit such articles of
7 impeachment to the senate who shall, without delay, proceed to the election of a
8 special commission to try such impeachment as provided in section 106.080. In
9 case of death, resignation or failure to serve, of any manager elected by the house
10 as aforesaid, the governor shall, if the house be not in session, fill such vacancy;
11 and the person thus appointed shall have the same power and perform the same
12 duties as if elected by the house].
106.070. When articles of impeachment shall be presented to the [supreme
2 court] senate, the [court] senate shall immediately appoint some day for the
3 appearance of the accused and cause a summons to be issued, signed by the [chief
4 justice of the court] president of the senate, or the president pro tempore
5 of the senate if the lieutenant governor shall be impeached, and
6 countersigned by [one of the judges thereof] the secretary of the senate, with
7 a copy of the articles of impeachment annexed, requiring the accused to appear
8 on the day appointed for that purpose, and answer the charges exhibited against
9 him or her, which shall be served by the [marshal of the court] sergeant-at-
10 arms of the senate, or by special messenger by the court appointed, a
11 reasonable time before the day set for his or her appearance.
106.080. If the governor or [a judge of the supreme court] lieutenant
2 governor shall be impeached, the [house of representatives shall immediately
3 transmit such articles of impeachment to the senate who shall, without delay,
4 proceed to the election of a special commission to try the cause, which commission
5 shall be composed of seven eminent jurists, who at the time of their election are
6 judges of the circuit or appellate courts of this state; provided, however, that
7 judges of the supreme court shall not be eligible to serve on such special
8 commission. The commission shall meet in the City of Jefferson within thirty
9 days after their election on a day designated by the senate] chief justice of the
10 supreme court shall be notified by the president pro tempore of the
11 senate of such impeachment, and of the day when his or her attendance
12 shall be required, and the chief justice shall attend and preside at the
13 trial; and if he or she is sick and unable to attend, the next most senior
14 supreme court judge in terms of length of service on the court shall be

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15 notified and shall preside at the trial.
106.100. The [notices] notice a